The provisions of this chapter shall apply to all property within the
City of Pawtucket.
This chapter will serve to protect the health, safety and welfare of
the citizens of Pawtucket by regulating tree management activities.
The protection of this valuable natural resource will serve to enhance
the community in the following ways:
A. Aid in the prevention of air, noise and visual pollution.
B. Aid in the stabilization of soil.
D. Provide glare and heat protection.
E. Enhance the aesthetics and general quality of life of
the city.
This chapter shall be known and may be cited as the "Pawtucket Tree
Ordinance."
[Added 11-17-1992 by Ch. No. 2284]
A. The Pawtucket Parks Commission, hereinafter referenced
to as the "Commission," shall have jurisdiction over all forestry functions,
including the planting, care and removal of trees, shrubs and other plants
on the properties for which it is responsible. It shall do all acts necessary
and proper for the care, management, improvement, maintenance and protection
of the public parks and street trees under its jurisdiction.
B. The duties of said Commission shall be interpreted to
include but not be limited to the protection, maintenance, removal and planting
of trees on public property, and to make such recommendations from time to
time to the City Council as to desirable legislation concerning the tree program
and activities for the city.
It shall be the duty of person(s) owning or occupying real property
bordering on any public street or thoroughfare, upon which property there
may be trees, to prune in such manner that they will not obstruct or shade
street lights, obstruct the passage of pedestrians on sidewalks, obstruct
vision of traffic signs or obstruct the view of any street or intersection
so as to pose a threat to pedestrian or vehicular safety. The minimum clearance
of any overhanging portion thereof shall be eight (8) feet [two and forty-four
hundredths (2.44) meters] over sidewalks and twelve (12) feet [three and sixty-five
hundredths (3.65) meters] over all streets and thoroughfares and/or at the
discretion of the City Forester.
The requirements of this chapter may be waived by the Mayor in the case
of emergencies, such as windstorms, ice storms or other disasters, so that
they, in no way, shall hinder private or public work to restore order in the
city. This work shall follow maintenance standards as outlined by the City
Forester.
No person shall move any building or any other large object that may
injure public or protected trees or parts thereof without first obtaining
the written approval of the City Forester and abiding by his or her requirements.
To protect the public, the city shall require any person who removes
or maintains trees on public property as a business to:
A. Be properly licensed to perform such work.
B. Be certified by the State of Rhode Island or any other
agency that regulates arboricultural practices.
C. Be covered by workers' compensation to the extent
required by Rhode Island law and public liability and personal property insurance
in minimum amounts hereinafter mentioned adequate to cover and save harmless
the City of Pawtucket and its agents from all suits, claims or actions of
every class and nature for or on persons, or property damage caused or claimed
to be caused, directly or indirectly, by the conduct of the work contemplated,
or by or in acts of strangers, or any conditions due to the elements or any
defects or insufficiencies in any method, material, ways, machinery, equipment
or apparatus used in connection with the work.
D. Carry public liability insurance with limits of not less
than five hundred thousand dollars ($500,000.).
No person shall hinder, prevent, delay or interfere with the City Forester
or any of his or her assistants while engaged in carrying out the implementation
of this chapter; provided, however, that nothing herein shall be construed
as an attempt to prohibit the pursuit of any remedy, legal or equitable, in
any court of competent jurisdiction for the protection of property rights
by the owner of any property within the city.